Some of the Issues Involved in Sexual Harassment Cases
In 1998, the U.S. Supreme Court in Burlington Industries v. Ellerth pointed out that there are two types of sexual harassment suits. Sexual harassment in the work place is one of the issues that Title VII was meant to resolve. One of the more common issues that arise with a sexual harassment claim is when an employee is subject to sexual harassment that creates a “hostile atmosphere.” For a court to determine if a hostile atmosphere exists, and provide a remedy to the victim, a number of issues have to be determined, discussed here.
What’s a Hostile Work Environment?
Sexual harassment in the work place is one of the issues that Title VII was meant to resolve. One of the more common issues that arise with a sexual harassment claim is when an employee is subject to sexual harassment that creates a “hostile atmosphere.” For a court to determine if a hostile atmosphere exists, and provide a remedy to the victim, a number of issues have to be determined. For more information, click here.
Special Situations in Sexual Harassment
There area a number of special situations that can arise when involved in any kind of workplace sexual harassment. Some situations have not been specifically addressed in Title VII, and some things require additional information or research. Check here for additional information and reach out to me if you still have questions. I offer free consultations to all clients.
Retaliation Claims
Typically, if a woman is being sexually harassed and she reports it, she is at risk of retaliation. This can occur when the harassing supervisor learns that the woman reported him for sexual harassment and the company thereafter takes an adverse employment action against her, such as demoting her, failing to promote her and/or terminating her.
Supervisor Harassment
In 1998, the U.S. Supreme Court in Burlington Industries v. Ellerth looked at supervisor harassment. Supervisor harassment is distinct from harassment from co-workers. A supervisor has the ability to affect a significant change in an employee’s employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities or a decision causing a significant change in benefits. These are examples of tangible adverse employment actions.
Quid Pro Quo
Timeliness
Jilted Lover Situation
There’s been a number of decisions coming out of the Philadelphia area, whereby an employee has brought a sexual harassment claim based upon a relationship with her supervisor that was initially consensual. In Hartman v. Sterling, Inc., 2003 U.S. Dist. LEXIS 18140 (E.D.Pa. Sept. 11, 2003), the employee tried to break off a relationship with...